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Rep. Michael J. Zalewski
Filed: 5/13/2014
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| 1 | | AMENDMENT TO SENATE BILL 2801
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2801 as follows:
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| 3 | | on page 1, line 5, by inserting "104-15," after "Sections"; and
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| 4 | | on page 1, immediately below line 6, by inserting the |
| 5 | | following:
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| 6 | | "(725 ILCS 5/104-15) (from Ch. 38, par. 104-15)
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| 7 | | Sec. 104-15.
Report.) (a) The person or persons conducting |
| 8 | | an examination
of the defendant, pursuant to paragraph (a) or |
| 9 | | (b) of Section 104-13 shall
submit a written report to the |
| 10 | | court, the State, and the defense within
30 days of the date of |
| 11 | | the order. The
report shall include:
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| 12 | | (1) A diagnosis and an explanation as to how it was reached |
| 13 | | and the facts
upon which it is based;
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| 14 | | (2) A description of the defendant's mental or physical |
| 15 | | disability, if
any; its severity; and an opinion as to whether |
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| 1 | | and to what extent it impairs
the defendant's ability to |
| 2 | | understand the nature and purpose of
the proceedings against |
| 3 | | him or to assist in his defense, or both.
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| 4 | | (b) If the report indicates that the defendant is not fit |
| 5 | | to stand trial
or to plead because of a disability, the report |
| 6 | | shall include an opinion
as to the likelihood of the defendant |
| 7 | | attaining fitness within one year if
provided with a course of |
| 8 | | treatment. If the person or persons preparing
the report are |
| 9 | | unable to form such an opinion, the report shall state the
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| 10 | | reasons therefor. The report may include a general description |
| 11 | | of the
type of treatment needed and of the least physically |
| 12 | | restrictive form of
treatment therapeutically appropriate.
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| 13 | | (c) The report shall indicate what information, if any, |
| 14 | | contained therein
may be harmful to the mental condition of the |
| 15 | | defendant if made known to him.
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| 16 | | (d) In addition to the report, a person retained by the |
| 17 | | State or the defense to conduct an examination shall, upon |
| 18 | | written request, make his or her notes, other evaluations |
| 19 | | reviewed or relied upon by the testifying witness, and any |
| 20 | | videotaped interviews available to another examiner of the |
| 21 | | defendant. All forensic interviews conducted by a person |
| 22 | | retained by the State or the defense shall be videotaped unless |
| 23 | | doing so would be impractical. In the event that the interview |
| 24 | | is not videotaped, the examiner may still testify as to the |
| 25 | | person's fitness and the court may only consider the lack of |
| 26 | | compliance in according the weight and not the admissibility of |
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| 1 | | the expert testimony. An examiner may use these materials as |
| 2 | | part of his or her diagnosis and explanation but shall not |
| 3 | | otherwise disclose the contents, including at a hearing before |
| 4 | | the court, except as otherwise provided in Section 104-14 of |
| 5 | | this Code. |
| 6 | | (Source: P.A. 81-1217.)"; and
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| 7 | | on page 26, by replacing lines 23 and 24 with the following:
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| 8 | | "Section 99. Effective date. This Act takes effect upon |
| 9 | | becoming law, except that the changes to Section 104-15 of the |
| 10 | | Code of Criminal Procedure of 1963 take effect on January 1, |
| 11 | | 2015.".
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